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IDEA Complaint Decision 08-016

On February 14, 2008, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Milwaukee Public Schools (MPS). This is the department’s decision regarding that complaint. The issue is whether the district, in February 2008, properly responded to a parent’s request for a change in placement for a child with a disability.

On February 15, 2008, the district held an individualized education program (IEP) team meeting to review and revise the child’s IEP, develop a transition statement, and determine placement. The student’s mother attended the meeting along with a parent advocate. The IEP team decided the student’s IEP would continue to be implemented at the student’s current school. In addition, the IEP team decided the student’s mother would be provided information about other schools and facilities and the team would meet by February 29, 2008, to consider other placements. If an IEP team meeting was not held by February 29 the student’s placement would continue to be implemented at the student’s current school. On February 18, the student’s teacher provided the student’s mother a copy of the student’s IEP, a book containing information about other school sites, and a transfer request form. On February 15, the district received a facsimile request for the student’s records from a different school district. The student has not reenrolled in MPS and the student’s mother has not contacted the district requesting an IEP team meeting to determine a different school.

The placement determinations, including the educational environment(s) in which the student will be taught, and the site where the IEP will be implemented, are made by the IEP team and not by any one individual. During the February 15 IEP team meeting the IEP team determined the student’s continuing placement. In February 2008 the district properly responded to the parent’s request for a change in placement for the student with a disability.

This concludes our review of this complaint, which we are closing.

//signed CST 4/7/08
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy